Okaloosa County BOCC — April 1, 2014 — DAG Plans

- RECEIVE po £0 2 “CONTRACT & ease INTERNAL CO DINATION SHEET \ : ContractiLease Number: wa RFOT . Tracking Number: K/lo-I+ ‘Contictor/lessee Names . . Grant Funded: YES,__ NO_3< He), [1] GREATER THAN $50,000 30 §25,000 OR LESS — 2 oO GREATER THAN $254 900 fo -: County Alforney Review - ‘Date: ebony Atri X - : aaa Following. Okaloosa County approval: 4 Document has beein-teceived: Contracts & Grants Date: “Contracts & Grants Manager . REQUEST FOR QUALIFICATIONS FOR DESIGN SERVICES For A NEW OFFICE BUILDING AT THE OKALOOSA COUNTY SHERIFF'S OFFICE LOCATED AT 50 2ND STREET, SHALIMAR, FL RFQ # BCC 26-14 Caldwell Company Name CRA DAG Bay Design Townes Associates SDF VBA Design DC Architects Architects Kelly Windes 82 85 74 74 84 81 81 85 Donald Turner 82 93 87 87 8&3 91 82 79 Jason Autrey 80 80 63 66 70 72 54 55 Elliot Kampert 95 98 82 91 91 87 55 67 John D. Peacok 87 96 73 90 80 82 67 69 Total 426 452 379 408 408 413 339 355 1) DAG 4) __ Townes 2) _CRA Architects 6) _ Bay Design 3) __JDF 7) _DC Architects 4) _Caldwell Associates (Tie) 8) __VBS Design Prepared by: Jack Allen Date: 2/11/14 Init. WATA Document B101" — 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Tenth day of March in the year Two Thousand Fourteen (in words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: ADDITIONS AND DELETIONS: . 5 The author of this document has (Name, legal status, address and other information) added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A Okaloosa County Commission 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, Florida 32547 850.651.7105 phone 850.651.7142 fax and the Architect: vertical line in the left margin of this (Name, legal status, address and other information) document indicates where the author has added necessary information DAG Architects Inc, and where the author has added to or 1223. Airport Road deleted from the original AIA text. 350'897.8152 pbone ‘This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. 850.654.4276 fax for the following Project: (Name, location and detailed description) Okaloosa County Sheriff's Office 50 2" Street Shalimar, FL 32579 Okaloosa County, Florida The Owner and Architect agree as follows. Two story addition to the Okaloosa County Sheriffs Office administration complex. The facility is located in Shalimar, Florida, and will be approximately 11,633 square fect. AIA Document B101™ — 2007 (formerly B151™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No,5773739723_1 which expires on 01/1 §/2015, and is not for resale, User Notes: (1683049266) Init, TABLE OF ARTICLES 4 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 1 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article | and in optional Exhibit A, Initial Information: (Complete Exhibit A, Initial Information, and incorporate it into the Agreement at Section 13.2, or state below Initial Information such as details of the Project’s site and program, Owner’s contractors and consultants, Architect's consultants, Owner's budget for the Cost of the Work, authorized representatives, anticipated procurement method and other information relevant to the Project.) See Exhibit A § 1.2 The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: ‘1 Commencement of construction date: TBD 2 Substantial Completion date: TBD § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect’s services and the Architect’s compensation. ARTICLE 2. ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. AIA Document Bi01™ —- 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and Is not for resale. User Notes: (1683049266) 2 Init. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement, (dentify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.) ‘1 General Liability $1,000,000 each occurrence, $2,000,000 aggregate $1,000,000 umbrella 2 Automobile Liability $1,000,000 combined single limit 3 Workers’ Compensation $1,000,000 A Professional Liability $2,000,000 per claim, $2,000,000 aggregate ARTICLE 3. SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services, § 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Architect shal! provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’ s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner, With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architects approval. AIA Document B101™ ~ 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and Internatlonal Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was praduced by AIA software at 10:18:01 on 03/26/2014 under Order No,$773739723_1 which expires on 01/15/2018, and Is not for resale. User Notes: (1683049266) § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services, § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall! present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project’s requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval, The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling, Preliminary selections of. major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. (Paragraph deleted) § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, clevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. AIA Document B101™ — 2007 (formerly B151™ ~ 1997}. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 4 this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under | the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/45/2015, and is not for resale. User Notes: (1683049266) init. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. § 3.4CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions), The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. (Paragraph deleted) § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval... § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL As the construction delivery method will be construction management, the Architect shall assist the CM in establishing a list of prospective subcontractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the CM in (1) obtaining either competitive bids or negotiated proposals; (2) confirmin g responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the CM in bidding the Project by 1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; 2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; organizing and conducting a pre-bid conference for prospective bidders; 4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and 5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. bo § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. AIA Document B101™ ~ 2007 {formerly B151™ — 1997}. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (1683049266) 5 | (Paragraphs deleted) § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™—2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment, § 3.6.2 EVALUATIONS OF THE WORK § 3.6.21 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents, Whenever | the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give tise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work, § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’ s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness, § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The AIA Document B101™ — 2007 {formerly B151™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init, reserved. WARNING: This AIA Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under ! the jaw. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No,5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (1683049266) Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AJA Document A201—2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’ s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor’ s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional’s seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. AIA Document B101™ — 2007 {formerly B151™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) Init. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work, § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below, In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) Additional Services Responsibility Location of Service Description (Architect, Owner | (Section 4.2 below or in an exhibit or attached to this document and Not Provided) identified below) § 44.1 Programming 9) § 41.2 Multipie preliminary designs NP § 41.3 Measured drawings NP § 41.4 Existing facilities surveys () § 41.5 Site Evaluation and Planning (B203™_2007)_ | A § 41.6 Building information modeling NP § 417 Civil engineering A § 41.8 Landscape design NP § 41.9 Architectural Interior Design (B252™ 2007) | A AIA Document B101™ - 2007 (formerly B151™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. AII tights reserved. WARNING: This AIA” Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penaitles, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.6773739723_1 which expires on 04/15/2015, and is not for resale. User Notes: (1683049266) 8 Init. § 41410 Value Analysis (3204™_2007) NP § 41.11 Detailed cost estimating NP § 41.12 On-site project representation A § 41.13 Conformed construction documents A § 41.14 As-Designed Record drawings A § 4.1.15 As-Constructed Record drawings A § 4.1.16 Post occupancy evaluation NP § 41.17 Facility Support Services (B210™—2007) NP § 41.18 Tenant-related services NP § 4.1.19 Coordination of Owner’s consultants A § 4.1.20 Telecommunications/data design ie] § 4.1.21 Security Evaluation and Planning NP (B206™_2007) § 41.22 | Commissioning (B211™—2007) NP § 4.1.23 — Extensive environmentally responsible design _[ NP § 4.1.24 LEED® Certification (B214™_2007) NP § 4.1.25 Fast-track design services NP § 4.1.26 Historic Preservation (B205™—2007) NP § 4.1.27 Furniture, Furnishings, and Equipment Design | O (B253™™—2007) § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need, The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: A OND Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; Preparation for, and attendance at, a public presentation, meeting or hearing; Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; Evaluation of the qualifications of bidders or persons providing proposals; 10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or 11. Assistance to the Initial Decision Maker, if other than the Architect. AIA Document B101™ — 2007 (formerly Bi61™ - 1997}. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No,5773739723_1 which expires on 04/15/2018, and is not for resale. User Notes: (1683049266) Init. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need, If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: 4 2 ine Reviewing a Contractor’s submittal out of sequence from the submittal schedule agreed to by the Architect; Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Qwner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; Evaluating an extensive number of Claims as the Initial Decision Maker; Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or To the extent the Architect’s Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: A 2 3 4 TBD (_ )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor TBD (_) visits to the site by the Architect over the duration of the Project during construction ( _) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents TBD (_) inspections for any portion ofthe Work to determine final completion § 4.3.4 Ifthe services covered by this Agreement have not been completed within Twenty Four (24 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architects services beyond that time shall be compensated as Additional Services, ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements, Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs, If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architects submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths, All the information on the survey shall be referenced to a Project benchmark, AIA Document B101™ — 2007 (formerly B161™ — 1997}. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects, All tights reserved. WARNING: This AIA” Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may resuit in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (1683049266) 10 § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials, § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service, § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of Iabor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. AIA Document B101™ — 2007 {formerly B151™ - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights init. reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of 1 this AIA” Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under i the law, This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.8773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (1683049266) Init. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market, § 6.5 Ifat any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments, § 6.6 Ifthe Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall 1 2 3 4 5 give written approval of an increase in the budget for the Cost of the Work; authorize rebidding or renegotiating of the Project within a reasonable time; terminate in accordance with Section 9.5; in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. Ifthe Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions, § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by Jaw, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply ifthe Owner rightfully terminates this Agreement for cause under Section 9.4, § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement, The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license AIA Document B101™ — 2007 (formerly B151™ ~ 1997), Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved, WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of @ this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) 12 Init, granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants, ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2007, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. {f the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [X ] Litigation in a court of competent jurisdiction [ ] Other (Specify) AIA Document B101™ - 2007 (formerly B181™ -— 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. Alt rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International! Treaties. Unauthorized reproduction or distribution of this AlA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and |s not for resale, User Notes: (1683049266) 13 | (Paragraphs deleted) § 8.3.4 CONSOLIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent, § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 Ifthe Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement, If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Rither party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. AIA Document B101™ — 2007 (formerly B181™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights Init. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of 14 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under } the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.8773739723_1 which expires on 01/45/2015, and is not for resale, User Notes: (1683049266) Init. § 9.7 Termination Expenses are in addition to compensation for the Architect’s services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect’s anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction, , § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall, be given reasonable access to the completed Project to make such representations, However, the Architects materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shal] keep such information strictly confidential and shall not disclose itto any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (insert amount of, or basis for, compensation.) $80,000 § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) AIA Document B101™ - 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) 15 Init. | Hourly, at hourly rates, or lump sum as mutually agreed upon by Architect and Owner § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shali compensate the Architect as follows: (Insert amount of, or basis for, compensation.) | Hourly, at hourly rates, or lump sum as mutually agreed upon by Architect and Owner § 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten percent (10 %), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage of the Cost of the Work, the compensation for each phase of services shall be as follows: Schematic Design Phase 12,000 = Dollars ( 15 %) Design Development Phase 16,000 Dollars ( 20 %) Construction Documents 36,000 Dollars ( 4S %) Phase Bidding or Negotiation Phase Dollars ( %) Construction Phase 16,000 Dollars ( 20 %) Total Basic Compensation $80,000 Dollars ( 100 %) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) ifno such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices, Of applicable, aitach an exhibit of hourly billing rates or insert them below.) | See below Employee or Category sos h per hour $150 per hour $125 per hour $100 per hour $ 75 per hour Principals Associate Principals Project Managers Senior Architectural Staff Architectural Staff Administrative Staff § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES $ 50 per hour § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: ‘1 Transportation and authorized out-of-town travel and subsistence; 2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; Postage, handling and delivery; @ in bw Fees paid for securing approval of authorities having jurisdiction over the Project; Printing, reproductions, plots, standard form documents; Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; AIA Document B101™ — 2007 {formerly Bi51™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved, WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2044 under Order No.5773739723_1 which expires on 01/15/2018, and is not for resale, User Notes: (1683049266) 16 Init, 7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; 8 — Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; All taxes levied on professional services and on reimbursable expenses; 10 Site office expenses; and 11 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shal] be the expenses incurred by the Architect and the Architect’s consultants plus Ten percent (10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner’s continued use of the Architect’s Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: § 11.10 PAYMENTS TO THE ARCHITECT (Paragraph deleted) § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid (__) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from tine to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) % § 11.10.3 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. § 13.2 This Agreement is comprised of the following documents listed below: 4 AIA Document B101™~2007, Standard Form Agreement Between Owner and Architect 2 ATA Document E201™—2007, Digital Data Protocol Exhibit, if completed, or the following: 3 Other documents: (List other documents, if any, including Exhibit A, Initial Information, and additional scopes of service, if any, forming part of the Agreement.) AIA Document B101™ — 2007 (formerly B151™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) 17 Init. | Exhibit A (Signature) (Signature) Charles W. Clary ITI, FAIA, Principa (Printed name and title) (Printed name and title) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (ec AIA Document B101™ — 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA” Documentis protected by U.S. Gopyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:48:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1883049268) 18 Init. WATA Document B101" - 2007 Exhibit A Initial Information for the following PROJECT: (Name and location or address) Okaloosa County Sheriff's Office 50 2" Street Shalimar, FL 32579 Okaloosa County, Florida THE OWNER: (Name, legal status and address) Okaloosa County Commission 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, Florida 32547 THE ARCHITECT: (Name, legal status and address) DAG Architects Inc. 1223 Airport Road Destin, Florida 32541 This Agreement is based on the following information. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," " later by mutual agreement.") ARTICLE A... PROJECT INFORMATION § A.1.1 The Owner’s program for the Project: (identify documentation or state the mamner in which the program will be developed) Program as determined by Owner; a two story addition to the Okaloosa County Sheriff's office administration complex. § A,1.2 The Project’s physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) A two story, approximately 11,633 s.f. addition to the Okaloosa County Sheriff's office administration complex. § A.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total, and if known, a line item break down.) $1,000,000 § A.1.4 The Owner’s other anticipated scheduling information, if any, not provided in Section 1.2: ‘unknown at time of execution" or "to be determined ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may aiso have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101™ ~ 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:41:40 on 03/10/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (20183292 10) Init. | TBD § A.1.5 The Owner intends the following procurement or delivery method for the Project: (dentify method such as competitive bid, negotiated contract, or construction management.) Construction Manager § A.1.6 Other Project information: (identify special characteristics or needs of the Project not provided elsewhere, such as environmentally responsible design or historic preservation requirements.) ARTICLE A2 PROJECT TEAM § A.2.1 The Owner identifies the following representative in accordance with Section 5.3: (List name, address and other information.) Donald L. Turner 5489 Old Bethel Road Crestview, Florida 32536 Phone: (850) 689-5790 Fax: (850) 689-5630 § A.2.2 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address and other information.) Major J D Peacock 50 2" Street Shalimar Florida 32579 850.651.7410 Phone 850. 609.3048 Fax § A.2.3 The Owner will retain the following consultants and contractors: (List discipline and, if known, identify them by name and address.) | NA § A.2.4 The Architect identifies the following representative in accordance with Section 2.3: (List name, address and other information.) Charles W. Clary IH, FAIA 850.259.6695 cell Patrick L, Ballasch, AIA 850.217.4970 cell 1223 Airport Road Destin, Fl 32541 850.837.8152 office phone 850.654.4276 fax § A.2.5 The Architect will retain the consultants identified in Sections A.2.5.1 and A.2.5.2. (List discipline and, if known, identify them by name, legal status, address and other information.) § A.2.5.1 Consultants retained under Basic Services: 1 Structural Engineer - AIA Document B101 ™ - 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:41:40 on 03/10/2014 under Order No.6773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (2018329210) Init. § A.2.5.2 Consultants retained under Additional Services: Craft & Webster Structural Engineers, Inc. Roger A. Craft, PE 129 Highpoint Dr. Guif Breeze, FL 32561 850.712.8290 phone 850.934.0083 fax Mechanical Engineer Watford Engineering, Inc. David Watford, PE 4471 Clinton Street Marianna, FL. 32446 850.526.3447 phone 850.526.3448 fax Electrical Engineer Humber-Garick Consulting Engineers Chris Garick, PE 142 Eglin Parkway, SE Fort Walton Beach, FL 32548-5545 850.243.6723 phone 850.664.5420 fax | Choctaw Engineering § A.2.6 Other Initial Information on which the Agreement is based: (Provide other Initial Information.) | NA AIA Document B101™ - 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA” Document is protected by U.S, Copyright Law and International Treatles. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 12:41:40 on 03/10/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (2018320210) 3 Certification of Document’s Authenticity AlA® Document D401™ - 2003 I, Charles W. Clary III, FAIA, Principal, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:18:01 on 03/26/2014 under Order No. 5773739723_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B101™ — 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions Vy shown jn the associated Additions and Deletions Report. Aik [Firwymn (Signed) (Title) | 2/Uof/l4 (Dated 7 . AIA Document D401™ — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may 1 result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) Additions and Deletions Report for AIA’ Document B101™ - 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:18:01 on 03/26/2014. PAGE 1 AGREEMENT made as of the Tenth day of March in the year Two Thousand Fourteen Okaloosa County Commission 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, Florida 32547 850.651.7105 phone 850.651.7142 fax DAG Architects Inc. 1223 Airport Road Destin, Florida 850.837.8152 phone 850.654.4276 fax (Name, location and detailed description) Okaloosa County Sheriff's Office 50 2" Street Shalimar, FL 32579 Okaloosa County, Florida The Owner and Architect agree as follows. Two story addition to the Okaloosa County Sheriff's Office administration complex. The facility is located in Shalimar, Florida, and will be approximately 11,633 square feet. PAGE 2 See Exhibit A TBD Additions and Deletions Report for AIA Document B101™ - 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ATA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the Jaw. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.§773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: (1683049266) TBD PAGE 3 § 2.5 The Architect shall maintain the > following i insurance for the dur ation of this A reement Hany of the $1,000,000 each occurrence, $2,000,000 aggregate $1,000,000 umbrella $1,000,000 combined single limit $1,000,000 $2,000,000 per claim, $2,000,000 aggregate The Architest-shallassist-the-Owner-As the construction delivery method will be construction management, the Architect shall assist the CM in establishing a list of prospective eentracters-subcontractors, Following the Owner’s approval of the Construction Documents, the Architect shall assist the Ow#erCM in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2.2 The Architect shall assist the QwaerCM in bidding the Project by PAGE 6 Additions and Deletions Report for AIA Document B107™ - 2007 (formerly B151™ ~ 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects, All rights reserved. WARNING: This AlA° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:04 on 03/26/2014 under Order No. §773739723_1 which expires ‘an 01/15/2015, and is not for resale, User Notes: (1883049266) PAGE 8 § 411 Programming €8202T™-26095 (9) § 4.1.2 Multiple preliminary designs NP § 4.1.3 Measured drawings NP § 4.14 Existing facilities surveys ia] § 41.5 Site Evaluation and Planning (B203™-2007) | A § 4.1.6 Building Infermeation-Modeling NP {£202™ 2008)in formation modeling § 4.1.7 _ Civil engineering A § 4.1.8 Landscape design NP § 4.1.9 Architectural Interior Design (B252™~—2007) | A § 414.10 Value Analysis (B204™_2007) NP § 41.11 Detailed cost estimating NP § 4.1.12 On-site Project Representation A £8207 2008)project representation § 4.1.13 | Conformed construction documents A § 4.1.14 _As-Designed Record drawings A § 4115 —As-Constructed Record drawings A § 4.1.16 Post occupancy evaluation NP § 4117 Facility Support Services (B210™_2007) NP § 41418 Tenant-related services NP § 4.1.19 Coordination of Owner’s consultants A § 41.20 Telecommunications/data design 0) § 4.1.21 Security Evaluation and Planning NP (B206™—2007) § 4.1.22 Commissioning (B211™—2007) NP § 4.1.23 Extensive environmentally responsible design [| NP § 41.24 LEED® Certification NP Ba44M_29123(8214T™_2007) § 41.25 Fast-track design services NP § 4.1.26 Historic Preservation (B205™—2007) NP § 4.1.27 Furniture, Furnishings, and Equipment Design | O (B253™_2007) PAGE 10 1 TBD (_ )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor 2 TBD (_) visits to the site by the Architect over the duration of the Project during construction Additions and Deletions Report for AIA Document B101™ -- 2007 (formerly B161™ — 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AtA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of if, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No.5773739723_1 which expires on 04/15/2015, and is not for resale, User Notes: (1683049266) 4 TBD _(_) inspections for any portion of the Work to determine final completion § 4.3.4 Ifthe services covered by this Agreement have not been completed within Twenty Four _(24_ ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services, PAGE 13 [X_] Litigation in a court of competent jurisdiction PAGE 14 the arbitration-shall astitie the nstiut: FL 1 jtablo-or. Et hased +h. Lain —di tte-the-t ea OHA PAGE 15 $80,000 PAGE 16 Hourly, at hourly rates, or lump sum as mutually agreed upon_by Architect and Owner Hourly, at hourly rates, or lump sum as mutually agreed upon by Architect and Owner § 11.4 Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Ten_percent (10%), or as otherwise stated below: Schematic Design Phase 12,000 pereent 15 %) Dollars ( Design Development Phase 16,000 pereent 20 %) : Dollars ( : Construction Documents 36,000 percent 45 %) Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internatlonal Treaties, Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:18:01 on 03/26/2014 under Order No,.5773739723_1 which expires on 01/15/2015, and is net for resale. | j Additions and Deletions Report for AIA Document B101™ - 2007 (formerly B151™ ~ 1997). Gopyright © 1974, 1978, 1987, 1997 and 2007 by The American 4 User Notes: (1683049266) Phase Dollars ( Bidding or Negotiation Phase percent %) Dollars ( Construction Phase 16,000 pereent 20 %) Dollars _( Total Basic Compensation one-hundred $80,000 percent 100 %) Dollars _( See below Principals $175 per hour Associate Principals $150 per hour Project Managers $125 per hour Senior Architectural Staff $100 per hour Architectural Staff $ 75 per hour Administrative Staff $_50 per hour PAGE 17 § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus Ten_percent ( 10__%) of the expenses incurred. PAGE 18 Exhibit A Charles W. Clary IIL, FATA, Principal Additions and Deletions Report for AIA Document B101™ ~ 2007 {formerly B151™ - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is. protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted fo the maximum extent possible under the law. This document was produced by AIA software at 10:18:04 on 03/26/2014 under Order No.5773739723_1 which expires on 01/15/2018, and is not for resale, User Notes: (1683049266) Additions and Deletions Report for AIA Document B101™ — 2007 Exhibit A This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 12:41:40 on 03/10/2014, PAGE 1 Okaloosa County Sheriff's Office 50 2™ Street Shalimar, FL_32579 Okaloosa County, Florida Okaloosa County Commission 1804 Lewis Turner Blvd, Suite 100 Fort Walton Beach, Florida 32547 DAG Architects Inc. 1223 Airport Road Destin, Florida 32541 Program as determined by Owner; a two story addition to the Okaloosa County Sheriff's office administration complex. A two story, approximately 11,633 s.f. addition to the Okaloosa County Sheriff's office administration complex. $1,000,000 PAGE 2 TBD Construction Manager Donald L, Turner Additions and Deletions Report for AIA Document Bi 04™ — 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA’ Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AlA® Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:41:40 on 03/10/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale, User Notes: . (2018329210) 5489 Old Bethel Road Crestview, Florida 32536 Phone: (850) 689-5790 Fax: (850) 689-5630 Major J D Peacock 50.2" Street Shalimar Florida 32579 850.651.7410 Phone 850. 609.3048 Fax Charles W. Clary 10, FATA 850.259.6695 cell Patrick L. Ballasch, AIA 850.217.4970 cell 1223 Airport Road Destin, Fl 32541 850.837.8152 office phone 850.654.4276 fax PAGE 3 Craft & Webster Structural Engineers, Inc. Roger A. Craft, PE 129 Highpoint Dr. Gulf Breeze, FL_32561 850.712.8290 phone 850.934.0083 fax Watford Engineering, Inc. David Watford, PE 4471 Clinton Street Marianna, FL_ 32446 850.526.3447 phone 850.526.3448 fax Humber-Garick Consulting Engineers Chris Garick, PE 142 Eglin Parkway, SE Fort Walton Beach, FL_ 32548-5545 850.243.6723 phone 850.664.5420 fax Additions and Detetions Report for AIA Document B101™ — 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA” Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:41:40 on 03/10/2014 under Order No.§773739723_1 which expires ‘on 01/15/2015, and is not for resale, User Notes: (2018329210) 2 Choctaw Engineering Additions and Deletions Report for AIA Document B101™ — 2007 Exhibit A. Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA” Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:41:40 on 03/10/2014 under Order No.5773739723_1 which expires on 01/15/2015, and is not for resale. User Notes: (2018329210) Qualifications for Design Services for a New Office Building [- at the Okaloosa County Sheriff’s Office located at 50 2nd Street, Shalimar, Florida f° RFQ No. BCC 26-14 Presented to L, Okaloosa County Board of County Commissioners January 17, 2014 | DAG Architects Inc. , €: 1223 Airport Road [° | | cam, Destin, Florida 32541 , PRMOFTHEVER — 850) 837 8152 { www.dagarchitects.com DAG architects AA-~C000745 41223 airport road destin florida 32547 p 850.837.8152 f 850.654.4276 www.dagarchitects.com January 17, 2014 Zan Fedorak Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 Re: BCC 26-14 Qualifications for Design Services on a New Office Building at the Okaloosa County Sheriff's Office Located at 50 2nd Street, Shalimar, FL Dear Mr. Fedorak and Members of the Selection Committee: On behalf of DAG Architects, we appreciate the opportunity to submit the enclosed statement of qualifications for providing professional design services to Okaloosa County for a new 10,000 SF office building for the County Sheriff's Office. We have already been working closely with the Sheriffs Office regarding their space needs, as part of the Shalimar Annex design-build project. This project has been evolving over the past two years, as you look for the most efficient and cost effective ways to consolidate County offices and provide space for current functions and future expansion. DAG Architects is based in Okaloosa County and has been operating here continuously for 33 years. We have designed numerous office buildings, public safety centers, and law enforcement facilities similar in nature fo that proposed. We are already familiar with the site and the needs of the Sheriff's Office, not only through our work exploring reuse of the Shalimar Annex property, but also because we designed the renovations to the space they currently occupy. Our staff is local, experienced and seasoned, with an average of 27 years of professional work history to draw upon. We pride ourselves on our responsiveness, our design abilities, and our track record of bringing in projects on budget and within their schedules. We have augmented our experience with several very well-qualified local consulting firms, essentially the same team that has been working together on the Shalimar Annex project. Choctaw Engineering will be civil engineers, Humber-Garick will provide electrical engineering, Watford Engineering will be our mechanical engineer, and RAC Engineering will be structural engineer. We have worked closely with ail of these firms on many other projects, and are confident in their abilities to provide excellent solutions. Choctaw and Humber-Garick are also Okaloosa County-based firms. Project Team | will lead the design team as overall Principal in Charge. | have been responsible for conducting programming sessions and other meetings with many Okaloosa County departments on space needs and planning for replacement facilities at the Shalimar Annex. As a lifelong resident of Okaloosa County, a former Destin City Councilman and former State Senator from this district, | am intimately familiar with the county facilities and the importance played in our community by the Sheriffs Office. | have worked closely with Major J.D. Peacock, head of administration, to quantify the space needs and adjacencies necessary Okaloosa County January 17, 2014 Page three Location, Ability to Perform and Current Workload Our Destin office on Airport Road will be the base for managing this project, and given our current and projected project commitments, we can fully staff and shepherd this work from start to finish. Summary We look forward to the possibility of continuing to work together with Okaloosa County. As long-standing members and residents of Okaloosa County, we understand the critical importance to our local economy of making sure our facilities are well-maintained and reflective of our communities. We will be careful shepherds of county funds since many of us are also local taxpayers. And providing work to local businesses and residents sends a positive message to other businesses already in the area or considering relocating here. | hope that the enclosed material will demonstrate fo you our abilities, our attention to detail, and our commitment to excellence in design and client services. Thank you for your consideration, Charles W. Clary, III, FAIA Principal Table of Contents Introduction to the Team DAG Architects 1-1 Humber-Garick Consulting Engineers 1-2 Choctaw Engineering 1-3 Watford Engineering 1-4 RAC Engineering 1-4 | Key Personnel Organization Chart 2-1 Team Resumes 2-2 Project Experience Experience in Similar Projects 3-1 Selected Experience in Okaloosa County 3-7 Project Understanding Project Understanding and Approach 4-1 Ability to Observe and Advise Whether Plans and Specifications are Being Complied With 4.3 Familiarity with the Project Area 4-3 Other Information Meeting Schedules 5-1 Meeting Budget Requirements 5-1 Current Workload 5-3 Forms Conflict of Interest Disclosure Form 6-1 Drug-Free Workplace Certification 6-2 No Contact Clause 8-3 Indemnification and Hold Harmless 6-4 Local Preference Data Sheet 6-5 = ® | o = —_ io) = < o 2 ) S x2] °o —_ _— = Introduction to the Team DAG Architects Destin { | Brief History. DAG was established in Okaloosa County in 1981 by Samuel W. Blimling, AIA, and Charles W. Clary, Ill, FAIA. Over the past 33 years, the firm has grown and undertaken a tremendous variety of projects in Northwest Florida and throughout the southeast. Nature of Services Offered. Services that we provide in-house include architecture, visioning and programming, master planning, interior design, graphic design, and construction phase services. We use state-of-the-art computer hardware and software, including Building Information Modeling systems, to produce our drawings and documents. Awards and Honors. The firm's work has been recognized with numerous design awards, and the principals and key professionals have been active in community, state, and national affairs relating to architecture and construction. In 2007, DAG Architects was awarded the Firm of the Year for the State of Florida, This honor is given annually to one firm in the state, in recognition of outstanding achievement in design, community service, education, and service fo the profession. Breakdown of Staff by Discipline e Architects: 14 (11 licensed, 3 not yet licensed) ¢ Administrative: 2 LEED AP: 6 Equipment and Facilities Our Destin office is approximately 5,000 SF, and we have an investment in state-of-the-art computer hardware and software, plotters, scanners, color printers and other reprographic equipment. We use these tools to improve coordination and communication among the project consultants to minimize errors and to improve turnaround times for revisions and integration, We use programs such as Revit (a Building Information Modeling system) which allow us to coordinate drawings, schedules, details, and building systems, and to enhance the design decision-making process because documents are developed in 3D. Repeat Business The means by which we measure our success is through the good will of our repeat or continuing clients. Their opinions are the very best testament to our work and serve as the barometer of the quality of the professional services we provide to them. Over 80% of our current commissions are with clients we have worked with in the past. AIA FLORIDA FIRM OF THE YEAR 2007 Representative Repeat Clients. >< Okaloosa County:School District=94"" “projects ftom:1986 10-2003. , Leon, County School District-47 projects: ~ fom 2000 te present - School District of Escambia County-33 = ov projects from: 1999 sé - Santa Rosa County.School es from 2008 to.pre Page 1-1 Introduction to the Team Choctaw Engineering Fort Walton Beach Choctaw Engineering, Inc. has been doing business in the Fort Walton Beach area for over 36 years. The company is locally owned and maintains a solid background from its many years of work in the region. The company has functioned as the City Engineer for the Cities of Valparaiso and Destin in the past and as the Engineer for the Okaloosa County School Board. The Choctaw Engineering, Inc. staff has an in-depth knowledge of local and state permitting requirements and has good working relationships with both local and state permitting personnel. A full range of services are provided by Choctaw Engineering, Inc. to both public and private clients. A sampling of the services we offer to our clients includes Site Design, Water and Wastewater Design, Highway Design, Stormwater Design, Construction Inspections, Project Management, Traffic Studies, Utility Design, and Subdivisions. Our surveying services include Boundary and Topographic Surveys, Hydrologic Surveys, Construction Staking, and Platting. Choctaw Engineering, Inc. uses the latest in computer design techniques with AutoCAD 2009-based drafting applications, including Civil 3D and Land Development Desktop, Our systems are readily available and adaptable to a wide variety of systems, allowing us the flexibility of electronically exchanging data with other professionals and municipalities. Watford . . Engineering, Inc. Watford Engineering, Inc. K pupineering, Ine Marianna tacts, Rarer? Watford Engineering, a Florida mechanical consulting firm, is centrally based out of Marianna, and has been providing engineering services to clients since late 2007. David N. Watford, PE is a mechanical engineer and President of Watford Engineering, Inc. His project experience includes a wide variety of clients and project delivery methods. Mr. Watford's career in building construction began in 1996 while working as a designer for a fire sprinkler company. In 1997 he began a mechanical engineering career with Schmidt Dell in Pensacola, FL where he eventually became Vice President and served as head of the mechanical department from 2003 until he {eft to form Watford Engineering, Inc. Breakdown of Staff by Discipline e Professional Engineer: 4 « Mechanical Designers: 2 e — Draftsman/Administrative: 1 Repeat Business. We currently hold continuing contracts with Jackson County Schools and Bay District Schools. Our clients return to us time and again for our experience and the service received during design and construction. O'Sullivan Creel Office Building, Fort Walton Beach {Choctaw Engineering with Lord & Son, Humber-Garick, and DAG) Renovations of FAMU Sampson & Young Dormitories, Tallahassee ( Watford Engineering with DAG) Breakfast Point Medical Office Building, Panama City Beach ( Watford Engineering with DAG) Page 1-3 o < = ° vd o a ~ a < Key Personnel Introduction to the Team The individuals who make up our project team are seasoned professionals, with many years of experience in the design of office projects of a similar nature to that proposed for the County Sheriffs Offices. As you will see, most of our team members are also residents of Okaloosa County. Page 2-1 Key Personnel—Engineering PHILIP M. HUMBER, PE Okaloosa County Resident ELECTRICAL ENGINEER Mr. Humber has been in the consulting engineering practice on the North Florida Gulf Coast since 1969. During this time he has provided engineering services continually all over the southeast. He is personally familiar with local conditions and codes. Phil oversaw a courtroom renovation in the Crestview Courthouse in the mid 1990's, and has been involved in the electrical design of the Okaloosa County Courthouse Annex building from its original design, through numerous additions and renovations, to the current day. Other judicial projects include a courtroom renovation in Milton, a new 38,000 SF Courthouse Office Building and Parking Garage in Pensacola, the Juvenile Justice Courthouse in Panama City, the Ordon-Orvis Building renovation in Pensacola, the South Okaloosa Sheriff's Operations Center in Shalimar, and the Fort Walton Beach Fire and Police Station. He is also working on programming and schematic design for the new Santa Rosa County courthouse currently being planned. In addition to his consulting engineer experience, Philip Humber worked for five years in electric utility company power distribution design with Gulf Power. Major prime electrical projects designed by Mr. Humber include two $1 million power substations at U.S. military installations in Panama. Industrial projects include a sandblasting, drying and painting facility for the Panama Canal Commission. Also, he designed and supervised a replacement of all campus primary power cabling and transformers at Okaloosa Walton Community College, now Northwest Florida State College. He has been the engineer of record on a wide variety of projects including multi-family housing, dormitories, schools, fire arts centers, media centers, health care facilities, police and fire stations, commercial, and industrial buildings. His experience includes electrical consulting to architects as well as total project management of prime electrical projects. Philip Humber brings a wealth of design experience, honesty, leadership and a demand for quality to all of Humber-Garick projects and is an invaluable asset to any project team. DAVID WATFORD, PE, LEED AP MECHANICAL ENGINEER David Watford has over 14 years of experience designing commercial, religious, institutional, and educational projects. David has extensive experience with geothermal, hybrid geothermal, central plant chilled water/hot water, and unitary HVAC systems. His experience also includes life cycle cost analysis and preliminary cost estimates for planning. David has been project management experience for MEP projects ranging from two classroom additions to new facilities exceeding 180,000 sf. He has been the prime design professional for mechanical renovations up to $3M construction value. He regularly performs studies and reports to evaluate existing facilities and make tecommendations for indoor air quality, energy efficiency upgrades, and equipment replacements. Prior to forming Watford Engineering in 2007, David was a mechanical engineer with Schmidt Dell Associates in Pensacola. Representative Projects Include Jackson County Courthouse, Jackson County, FL—Reiccated rooftop mechanical equipment and reconfigured the roof drainage system for a new metal roof system (2010-2011). Escambia County Juvenile Justice Center, Escambia County, FL— Project included courtrooms and office spaces for the state attorneys and public defenders, holding areas for prisoners, and other public spaces. The mechanical system included 4 pipe chilled water/hot water VAV systems, plumbing, and renovation to fire protection. The mechanical systems were tied into the county's central energy plan. (2004-2006) Santa Rosa County Administration Complex, Santa Rosa County, FL—Designs for this complex included commercial rooftop systems with variable volume terminal units and electric reheat. Fire protection design and plumbing design were also included. (1997-2001) Pensacola City Hall Hurricane Hardening and Renovation, City of Pensacola—A new central energy plant was designed, piping revised, and several air handling units and VAV terminal units replaced to update the City Hall's systems for better performance during hurricane events. (2004-2006) Education Bachelor of Science in Electrical Engineering, Mississippi State University, 1963 Professional Registrations Engineer: Florida #13870; Alabama #9449 Mississippi #9643; Georgia #7190 Total Years Experience 44 Education Bachelor of Science in Mechanical Engineering, Florida State University, 1996 Professional Registrations Engineer: Florida #58208 Alabama #26142 Mississippi #18409 Georgia #PE035507 LEED Accredited Professional Professional Affiliations American Soctety for Heating, Refrigerating and Air-Conditioning Engineers American Society of Professional Engineers American Society of Mechanical Engineers Total Years Experience 16 Page 2-3 Project Experience Experience in Similar Projects Shalimar Sheriff's Office (DAG &HGCE) Shalimar, Florida Renovation of the existing 27,000 SF Keltec Electronics Plant into offices for the Okaloosa County Sheriff's Office. Humber-Garick was responsible for electrical, telecom, emergency power, fire alarm and security design including a total building generator. Okaloosa County Shalimar Courthouse Annex (DAG, HGCE, WEI) Shalimar, Florida This same project team has been working with Okaloosa County over the past two years as we evaluated the options for renovating the Shalimar Annex to consolidate County officers and conducted programming and space requirement meetings with County departments, including the Sheriff's Office. STORVOPTION“W- PIRSTILOORCONCEM ‘OkALOCRA COUNTY SILALIAR ARIS. Page 3-1 Experience in Similar Projects Florida Department of Law Enforcement Renovation (DAG) Pensacola, Florida An historical 1920 school building was renovated into a high technology crime laboratory for the R) Florida Department of Law Enforcement. The | 42,000 SF facility includes photo laboratories, ballistics and forensic laboratories, a soundproof shooting range, incoming evidence lab with motion detectors and burglar bars in the air j ducts. A vehicle investigation area was also included. Workspaces for 10 different state and local law enforcement departments were a) designed, while conforming to local historical ia preservation requirements. Bay County Courthouse Addition (DAG) Panama City, Florida DAG Architects is part of a joint venture responsible for the design of a new addition to the Bay County Courthouse, which serves the 14th Judicial Circuit. The 60,000 SF addition will include 6 courtrooms and 7 judges’ chambers and hearing rooms, public spaces and court support spaces, all built over a secure parking and mechanical level. An elevated, enclosed and environmentally controlled connection will link the addition to the existing courthouse and to the sally port. Full size mockups of the courtrooms were constructed so each judge could specify any desired modifications before the construction documents are finalized, Page 3-3 Experience in Similar Projects Adaptive Re-Use of the Molino School into County Offices and a Community Center (DAG) Molino, Florida This circa 1939 elementary school underwent an adaptive re-use renovation to convert it into a Community Center, Library and Museum. The 16,000 SF building’s mechanical, electrical, and plumbing systems were completed redone, upgrading the facility to meet ADA codes, While renovating to accommodate the new programs, building elements were carefully selected to be consistent with the historic nature of the structure. Throughout the design process, DAG team members met with key city departments and many user groups, and attended monthly meetings of the historical society to become more attuned to the meaningful place the Molino School has held in the community throughout its history. Other Escambia County public offices became interested in consolidating fo this central location, and new complementary offices for the County Tax Collector and Property Appraiser were constructed on the Molino campus. This bullding received a rating of Two Green Globes for sustainability, the equivalent of LEED Silver. Jackson County Courthouse Renovations (WEI) Marianna, Florida Watford Engineering, Inc provided mechanical and plumbing engineering services for the exterior Houston County Courthouse (HGCE) renovations of the Jackson County Courthouse. The Dothan, Alabama project includes the addition of a sloped roof over approximately 2/3 of the existing flat roof along with other aesthetic alterations to the building. The plans call for mechanical equipment mounted to the old flat roof to be relocated or replaced. The flue system for the gas boiler located in the basement was reconfigured as well. Roof drains were relocated to the flat portion of the roof to remain. Electrical design for 80,000 sq ft renovation including power distribution systems, interior lighting, site lighting, lighting controls and fire alarm. Houston County Courthouse is listed as a historical building on the Historic Chattahoochee Commission. (Design by HGCE Principal as employee of Family Design Firm). Page 3-5 Selected Experience in Okaloosa County Beasley Park (DAG) Okaloosa Island, Florida Designed for Okaloosa County, this beachfront recreational facility is used by local residents as well as tourists. The site, on the southern side of a barrier island, is exposed to corrosive salt spray, torrential rain storms, intense sun, and potential hurricane- force winds, Construction of the pavilion also had to be carried out under strict Florida DNR guidelines to protect the sensitive dune system. Fort Walton Beach Recreational Complex (HGCE) Fort Walton Beach, FL Provide design and construction documents for new 30,000 sq ft gymnasium and multi-function building and the complete site fo include approximately five baseball fields, five softball fields, a mile walking sidewalk track, and associated parking. The electrical design includes power, lighting, site lighting telecommunications/data, audio visual and fire alarm systems. Okaloosa County Department of Health (DAG) Fort Walton Beach, Florida This 24,000 SF office building for the County's Health Department included an in-house computer network and central computer room with clean-room environmental equipment. DAG designed the new building, made renovations to the older buildings, and later worked on the design and expansion of the third floor. The firm also designed the Okaloosa County Medical Examiner's building. Selected Experience in Okaloosa County O’Sullivan Creel Office Building (DAG, HGCE, and Choctaw) Fort Walton Beach, Florida This 30,000 SF office building for a local CPA firm features a brick and stucco exterior and a barrel-vault roof. The design is slightly more contemporary in feeling than the building DAG designed for the Destin branch of the same firm. The first floor will be leased to a tenant, with the owner occupying the top two levels. Preserving the existing trees on the site was a priority for the owner, Destin Library (DAG and HGCE) Destin, Florida The City of Destin challenged DAG Architects to design a new library that would fit comfortably in a heavily wooded site filled with live oaks and reflect the fishing and boating heritage of the city. The resulting 13,500 SF facility addressed these issues while providing a comfortable, state-of-the-art structure where one can enjoy the site as well as the many features of the building. The project has received design awards on both the local and state level. Page 3-9 Project Understanding Project Understanding and Approach Project Understanding and Approach Our team has been working closely with Okaloosa County and the Sheriff's Office for more a year, as part of an effort to consolidate County operations and save money currently being expended in office lease costs.. Through our role as design lead on the Lord & Son design-build team hired to renovate the Shalimar Courthouse - Annex building, we held numerous meetings with all of the affected : departments, including the Sheriff's Office, to determine their current and projected space needs. Charlie Clary conducted in-depth interviews with each user agency, and has spent a significant amount of time with Major J.D. Peacock discussing the unique needs of the Sheriffs Office and its investigative division in particular. Preliminary studies showed that it would be more economical to provide a two story metal building on the current site of the Sheriffs Office, rather than adding space for them at the rebuilt Annex Building. In addition to providing expansion space at a lower cost, this alternative addresses the Department's desire to have special private parking and entrances for the Investigative Division, as well as offering the benefit of consolidating the department's activities into a single location. Schematic plans were developed to identify how the site could be organized to maintain access between the new building and the existing structure, so that the two can work as one. As stated in the RFQ, the building that we discussed would be two stories, with approximately 10,000 SF, and will meet all applicable local, state and federal laws, building codes, and ADA requirements. Compliance with Plans / Familiarity with Project Area Ability to Observe and Advise Whether Plans and Specifications are Being Complied With Having a well prepared and coordinated set of plans and specifications is no guarantee that the project will be constructed according to those plans. Therefore it is paramount that the design and construction team work together to develop a system of checks to ensure that the plans are interpreted correctly and that modifications and changes are followed through in detail. We have already developed a quality contro! system that has been demonstrated successfully on a number of completed projects. Part of this system is the implementation of plan reviews throughout the project beginning in the schematic design phase all of the way through the permit set. These plan reviews are performed by a group comprised of members of the design, engineering, estimating, and construction teams. Once the project is designed and permitted, we continue the check system through regularly scheduled project meetings where we remain proactive in searching out any potential issues with drawing interpretation and construction implementation. These meetings always include members of the design team as well as subcontractors and of course the owner's representatives. In these meetings we monitor the schedule, review the budget, and discuss opportunities for project enhancement, and methods to ensure that the project remains on track. The nature of building construction can present unforeseen challenges which require solutions, and input from all parties is sought when developing quick and responsive solutions to problems should they arise. Since our team is local, discussions can easily be managed whenever convenient for the County. Familiarity with the Project Area Our firms are not only professionally-based in Okaloosa County, but our team—our people and our families—have grown up in this area, and our lives are intertwined with yours. We have watched Okaloosa County grow and expand, and have been involved in this growth for over 60 years. Our team members worked on the current Sheriff's Office building when it was converted from an industrial building back in the 1990's, and we are all intimately familiar with the project area, the departments and individuals involved, and the County administration. Page 4-3 c 5° = oe = Soe °o — = ho cc) = ~~ © Meeting Schedules and Budgets Scheduling We understand that providing Professional Services for the addition to the Sheriff's Office in Shalimar requires a total commitment to meeting the budget and delivering documents within the schedule. Because of our success in doing this, our team has been a repeat provider of architectural services to many public clients and jurisdictions, including Escambia County, Okaloosa County, the City of Destin, the City of Pensacola, and others. We will establish the anticipated schedule and explore alternative approaches that can expedite the design and construction processes without increasing cost or sacrificing quality. This is a collaborative process and we will explore a number of options with the County. During every phase, we plan carefully to meet scheduled deadlines and project milestones. The project manager will keep a master schedule, and all parties involved (architects, engineers, and owner representatives) will have a responsibility |'» =/hAG) did a tremendous jeb.in® to get decisions made in a timely manner so the process doesn’t get delayed. If the ensuring the project was completed project becomes delayed during design phases, we have deep personnel resources : within budget and ‘within.th 6! to assist the core team in producing the drawings on time. ‘antiipated firieline . Examples of Team’s Ability to Meet Tight Schedules Boece Kira Kirby, Vernon High School Construction Documents were produced in 8 weeks City of DeFuniak Springs Pea Ridge Elementary School Construction Documents were completed in 120 : = days e Woodlawn Beach Middle School Construction Documents were completed in 120 days e Milton High School Athletic Improvements Construction Documents were completed in 120 days Roulhac Middle Schoo! Construction Documents were produced in 8 weeks Pace High Schoo! Media Center Construction Documents were completed in 120 days Meeting Budgets Our extensive local experience and in-house cost estimating capabilities allow us to help determine a realistic and achievable budget from the outset of the project. Then, after each phase of the work is complete, we prepare an estimate of the probable cost. If it looks like the budget will be exceeded, we work closely with the client to resolve the problem. We can either prepare a menu of cost-saving items to consider removing, or we can prepare phasing plans and structure the work so that desired items can be included in the future as additional funding becomes available. Page 5-1 Current Workload DAG Architects: Design and Production: Shalimar Courthouse Replacement; Mosley High School Building 1 Renovation; WaterColor Beach Club Improvements; Excel Safe Room; Renovations to 4 Leon County Schools Construction: Quincy National Guard Armory Renovations; Bexar Street Police Station; Rosemary Beach Owners Club; Leon County Schools Bus Maintenance Facility; FAMU 800-Bed Dormitory; Bay County Courthouse; North Bay Haven Charter Academy; University Academy Charter School; Legion Field Community Center; Chumuckla Elementary School Kitchen, Cafeteria, Music & Art; Northview High School PE Facility; Walton County TDC Renovations; Milton High School Science Lab Humber-Garick Consulting Engineers: Design and Production: Market Shops @ Sandestin; Beachside Community Church; Dixie RV; Bay Co Schools Bus Communications; TYAD UPS - Revisions; Somerby at Santa Rosa; NSA-PC-Fitness Center; ECIP-TYAD; NWFSC Bldg Q-3 ~ Machine Lab; Port of PC - Warehouse 2W; Cedar Grove Bldg 7 Revision; Port of PC ~ Site Electrical Construction: Ernest Ward MS; North Bay Haven Charter Academy; Quincy NGA; Adelphi Switchgear; Pier Park - Miracle Strip; NWFSC Sign; Vernon ES New Bldg; Port of PC - Reefer Containers; Rosemary Beach Owners Club; FWB Recreation Center; University Academy; L3 Admin Bldg; ECIP — PR (Ft. Buchanan); ECIP - Aberdeen Ltg Upgrades; ECIP - Ft. Jackson Ltg Upgrades; Dothan Downtown Library; Dothan Westgate Library; Fort Buchanan Metering; Club Intrawest Watford Engineering, Inc.: Design and Production: Lynn Haven Medical Office Bldg; PCB Police Department and Public Works; NWFSC Machine Shop; NWFSC Public Safety; Springfield ES Bldg 9; Mosley HS Renovations Construction: Patronis & Rutherford Air Cooled Chiller Replacements; Chipley HS Gym Lobby Addition; Ozark Boys & Girls Club; L3 Admin Bldg; Jackson County Vehicle Maintenance Bldg Choctaw Engineering: Design and Production: Ocean City Subdivision; Diamond Lakes Drainage Study; Taco Bell - Niceville, Fl; Kingdom Hall Addition - Crestview; Landmark Center, FRE Medical Office Building - Niceville; David Street Apartments; White Point Retail Center; Gulf Coast Boat Center Storage Facility RAC Engineering: Design and Production: Marine Corp Headquarters Emergency Power Building, New Orleans, LA ; Rex Theater Renovation, Pensacola, FL; Office Building 701 South Palafox, Pensacola, FL; Hampton Inn, Austin, TX; Four story mixed use building, Pensacola, FL Construction: L-3 Communications Admin Bldg, Crestview, FL; Tepper Aviation Office, Crestview, FL; St Marks UMC Classroom Addition, Crestview, FL; Maritime Place 4 story Office Building. Pensacola, FL : qin uve i ot Page 5-3 Forms CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencles is also an owner, corporate officer, agency, employee, eic., of their business. Indicate either "yes" (a county employee, elected official, or agency Is also associated with your business}, or “no”. If yes, give person(s) name(s) and position(s) with your business. YES, no__* NAME(S) POSITION(S) FIRM NAME: DAG Architects Inc, BY {PRINTED}: sag Spent / BY (SIGNATURE): al f Mahe THLE: Principat / ADDRESS: 1223 Airport Road Destin, Florida 32544 PHONE NO. 850/837-8152 E-MAIL colary@dagarchitects.com Page 15 Page 6-1 Forms NO CONTACT CLAUSE The Board has established a solicitation sllence policy (No Contact Clause) that prohibits oral and written communication regarding all format solicitations for goods and services (formal bids, Request for Proposals, Requests for Quatifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document Is received and terminates when the Board approves an award, When the solicitation silence period is In effect, no oral or written communication is allowed tegarding the solicitation between prospective bidders/proposers and members of the Board, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed! to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information In the decision process. Any violatlon is policy sl tk i ii roposer iderati urin the selection process, All proposers ie? comply with this policy by signing the following statement and includi Yl Ir sunpryittC, ee y Atte Mo representing __DAG Architects inc. Signature Company Name On this 3 _ day of January 2014 hereby agree to abide by the County's “No Contact Clause” and understand violation of this policy shall result In disqualification of my proposal/submittal, Page 17 Page 6-3 Forms LOCAL PREFERENCE DATA SHEET Okaloosa County grants a preference to In-county bidders only when bids are recelved from firms located in states, municipalities or other political subdivisions which offer preference to bidders located in such polltical subdivisions, The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which the out-of-county bidder Is located. If the political subdlivision in which a bidder is located offers preference to Its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Does the state, county, municipality or political subdivision in which your firm Is located offer a preference to their local bidders? If "YES," list below the extent of such preference. (If your firm Is located in Okaloosa County, you will check "YES"-reciprocal only.) Yes _X + reciprocal only NO If yes, you must identify how you. confirmed this information or who you spoke with within your area of business location below: DAG Arcitets ne [ Vie = Bidders Company Name Authorized Signature — mops Charles W. Clary, Ill, FAIA Printed Name January 3, 2044 Date Page 19 Page 6-5 CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all proposers, must disclose if any Okaloosa Board of County Commissioner, employee(s), elected officials(s), or if any of its agencies is also an owner, corporate officer, agency, employee, etc., of their business. Indicate either “yes” (a county employee, elected official, or agency is also associated with your business), or “no”. If yes, give person(s} name(s) and position(s) with your business. YES. No__* NAME(S) POSITION(S) FIRM NAME: DAG Architects Inc. BY (PRINTED): PrtiegW. Clan / BY (SIGNATURE): CL Mints Me TITLE: Principal ADDRESS: 1223 Airport Road Destin, Florida 32541 PHONE NO. 850/837-8152 E-MAIL cclary@dagarchitects.com Page 15 DRUG-FREE WORKPLACE CERTIFICATION THE BELOW SIGNED PROPOER CERTIFIES that it has implemented a drug-free workplace program. in order to have a drug-free workplace program, a business shall: 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under quote a copy of the statement specified in subsection 1. In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under quote, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. Impose a sanction on, or require the satisfactory participation in, drug abuse assistance or rehabilitation program if such is available in employee’s community, by any employee who is convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, | certify that this firm complies fully with the above requirements. January 3, 2014 DATE: SIGNATURE: COMPANY: DAG Architects Inc. NAME: _ Charles W. Clary, II], FAIA , (Typed or Printed) ADDRESS: 1223 Airport Road TITLE: Principal Destin, FL 32541 EMAIL: _ °laty@dagarchitects.com PHONE NO.: 850/837-8152 Page 16 NO CONTACT CLAUSE The Board has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding ail formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board approves an award. When the solicitation silence period is in effect, no oral or written communication is allowed regarding the solicitation between prospective bidders/proposers and members of the Board, the County Administrator or members of the Board Approved Review Committee. All questions or requests for information regarding the solicitation must be directed to the designated Purchasing Representative listed in the solicitation. Any information thought to affect the committee or staff recommendation submitted after bids are due, should be directed to the Purchasing Director or his appointed representative. It shall be the Purchasing Director's decision whether to consider this information in the decision process, Any violation of this policy shall be grounds to disqualify the proposer from consideration during the selection process. All proposers must esto comply with this policy by signing the following statement and including it With theft suBrAittal, en \ Le the Me representing _DAG Architects Inc. Signature Company Name On this__3 day of January 2014 hereby agree to abide by the County's “No Contact Clause” and understand violation of this policy shall result in disqualification of my proposal/submittal. Page 17 INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. DAG Architects Inc. Proposer's Company Name 1223 Airport Road, Destin, FL 32541 Physical Address same Mailing Address 850/837-8152 Phone Number 850/259-6695 Cellular Number January 3, 2014 Ve Authorized Signature — Manual Charles W. Clary, Ill, FAIA Authorized Signature - Typed Principal Title 850/654-4276 FAX Number 850/259-6695 DATE After-Hours Number(s} Page 18 LOCAL PREFERENCE DATA SHEET Okaloosa County grants a preference to in-county bidders only when bids are received from firms located in states, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which the out-of-county bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type preference offered. Any bidder failing to indicate such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Does the state, county, municipality or political subdivision in which your firm is located offer a preference to their local bidders? If “YES,” list below the extent of such preference. (If your firm is located in Okaloosa County, you will check "YES"-reciprocal only.) yes __X- reciprocal only NO if yes, you must identify how you confirmed this information or who you spoke with within your area of business location below: Daf} fp DAG Architects Inc. ([ ie = Bidder’s Company Name Authorized Signature — Nope Charles W. Clary, Ill, FAIA Printed Name January 3, 2014 Date Page 19 REQUEST FOR QUALIFICATIONS FOR DESIGN SERVICES ON A NEW OFFICE BUILDING AT THE OKALOOSA COUNTY SHERIFF'S OFFICE LOCATED AT 50 2ND STREET, SHALIMAR, FL Te of County Commissioners I< RFQ #: BCC 26-14 RFQ DUE: JANUARY 17, 2014 @ 4:00 P.M. NOTICE TO PROPOSERS REQUEST FOR QUALIFICATIONS FOR DESIGN SERVICES FOR A NEW OFFICE BUILDING AT THE OKALOOSA COUNTY SHERIFF'S OFFICE LOCATED AT 50 2ND STREET, SHALIMAR, FL The Okaloosa County Board of County Commissioners under the provisions of Section 287.055, Florida Statutes and county policy, request qualifications from professional firms to provide Design Services for a new Office Building at the Okaloosa County Sheriff's Office located at 50 2" Street, Shalimar, FL. It is the intent of the Board to enter into contract negotiations with a firm to accomplish the stated objective. Firms desiring consideration should provide an original and five (5) copies of their statement of qualifications. Guidelines detailing form and content requirements for the statement of qualification are available by contacting Zan Fedorak, Purchasing Services Manager, 602-C North Pearl St., Crestview, FL 32536 or 850-689-5960. Proposals must be delivered to the Okaloosa County Purchasing Department at the address below no later than 4:00 p.m., (CST), January 17, 2014 in order to be considered. All proposals must be in sealed envelopes reflecting on the outside thereof “Design Services Qualifications for a new Office Building at the Okaloosa County Sheriff's Office located at 50 2"4 Street, Shalimar, FL. Due at 4:00 p.m., (CST), on January 17, 2014.” All proposals should be addressed as follows: Okaloosa County Purchasing Department Zan Fecorak 602-C North Pearl St. Crestview, FL 32534 Richard Brannon Date Purchasing Director BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY Don Amunds Chairman Page 2 INTRODUCTION/SCOPE OF WORK — The Okaloosa County Board of County Commissioners is soliciting Statements of Qualifications from interested firms detailing their technical and financial qualifications to design a new office building at the Okaloosa County Sheriff's Office located at 50 2"4 Street, Shalimar, FL. The scope of work shall include the design of a new 10,000 square foot (more or less) office building that is anticipated to be two-stories. The new building shall comply with all Federal, State and local codes including, but not limited to building construction and stormwater management requirements. An elevator meeting all current ADA compliance criteria is to be included. A Building Safety System, including the fire sprinkler system and Fire Alarm System shall be required in accordance with all applicable local, state and federal codes and regulations. The new building shall be ADA compliant. All necessary internal and external signage is to be included in the design. The successful proposer will be responsible for field measurements of the proposed site and analyze space for layout, utilization and any limitations. The successful proposer will be required to meet with designated Board of County Commissioners’ and Sheriff's representatives to determine the space, size and use requirements. REQUESTED SERVICES — Following selection of a design firm, that firm shall work with Okaloosa County to develop a new office building that will serve the needs of the Sheriff. Plans will be developed based on the direction of the Board of County Commissioners with assistance from Staff. Improvements contemplated with this contract will include site and building improvements. The selected firm shall have sole responsibility for compliance with all applicable local, state and federal codes and design requiremenis. Ultimately, the design firm shall supply to ihe County three sets of signed and sealed construction documents (drawings, design documentation, specifications and bid documents} along with all files in an electronic format. Construction drawings shall be in the current version of AUTOCAD. OWNERSHIP & USE OF DOCUMENTS - The design services required for the completion of the work constitute a work for hire. All rights to intellectual property in any documents, drawings, specifications and electronic data generated in the course of providing such service are the property of the Owner. The Owner agrees that drawings, specifications, and electronic data shall be not used for any other project but shall be available for use by the Owner for future additions, alterations and remodeling to any structure thai is subject to this project. The Design Firm and other providers of professional services shall be permitted to retain copies of the drawings, specifications and electronic data for informational purposes and reference in connection with the Owner's use and occupancy of the project. The Design Firm shall not use the drawings, specifications or electronic data for any other projects, except by Owner's prior written approval. The Design Firm and other providers of professional services on this project shall not be held liable for any changes or modifications to the drawings and specifications made by the Owner after termination of this agreement. Page 3 After successful completion of this agreement, the Owner shall retain possession of the drawings and specifications as provided herein and shall be entitled to use of the drawings, specifications, and electronic data furnished by the Design Firm without the written permission of the Design Firm. EVALUATION/SELECTION OF PROPOSALS - A Selection Review Committee appointed by the Board of County Commissioners will evaluate all proposals received and: 1. Prepare an alphabetical listing of those proposers determined to be interested and available. Evaluate the proposals meeting minimum submission criteria based upon qualifications and conduct discussions with those firms deemed to be the most highly qualified to provide the services required. Each of the firms will be required to execute the Truth-In-Negotiation certificate as defined in Florida Statutes 287.055, Selection as best qualified will be based on the following considerations: a. Responsiveness of the proposal clearly stating an understanding of the work to be performed for the County. Firm's reputation and competence, including technical education and training, experience in similar type projects, availability of adequate personnel, equipment and facilities and the extent of repeat business of the firm. Current workload. Financial responsibility. Ability to observe and advise whether plans and specifications are being complied with. Past record of professional accomplishments. Previous experience with Okaloosa County Board of County Commissioners. Familiarity with the proposed project area. Qualifications of personnel assigned to the program. Experience with programs similar in size and scope to those herein proposed. Firm’s capability to meet schedules. Willingness to meet time and budget requirements. Geographic location of the firm, including permanent office of staff and project management team. 2, Review of all proposals received will proceed as follows: a. The Selection Committee will review all written documents submitted. Page 4 b. The committee’s ranking of prospective firms shall be based on the firm's capabilities, ability, and adequacy of personnel, past record, recent experience, current workload and location of the firm or individual as provided in the submittal. c. The Selection Committee may call for presentations by the top ranks firms. 3. Negotiations between the Selection Committee, or the Committee Designee, and the priority proposers (the proposers ranked highest on the Board approved ranking list) that will proceed as follows: a. Negotiations will be held with the highest ranked proposer. b. Ifno agreement can be reached with the highest ranked proposer, then negotiations will commence with the 2n¢ highest ranked proposer. c. If no agreement can be reached with the 2°¢ highest ranked proposer, then negotiations will commence with the 3 highest ranked proposer. d. If no agreement is reached with the 3'¢ highest ranked proposer, then the Committee shail return to the Board to report such and recommend that a new ranking list be established from among the other proposals submitted. If for any reason, said procedure is not feasible, the Committee shall seek direction from the Board as to how to proceed further. 4. Presentation of the agreements by the Selection Committee to the Board for approval. The Executive Summary shall inform the Board as to the terms, conditions, and costs associated with the contracts. 5. Upon approval of the agreement by the Board, execution of a formal written agreement prior to commencement of the work associated with the contract. 6. Direct contact one-on-one with the Committee members or the Board of County Commissioners is not allowed. Selection will be on the basis of professional qualifications and expetience. Failure to comply with this requirement can result in disqualification. a. The Selection Review Committee will evaluate and rank all proposals meeting the minimum submission requirements and enter into formal negotiations with said firms. Firms will be notified of dates and times of any interviews. PROPOSAL OPENING — Names of firms that submit a qualifications proposal on or before the dealing specified herein shall be available to the public once the submittal deadline has passed, It is the proposer’s responsibility to assure that his proposal is delivered at the proper time and place. Offers by telegram, facsimile or telephone are NOT acceptable. Note: Crestview, Florida is “not a next day guaranteed delivery location” by delivery services. Page § SPECIAL CONDITIONS Applicable Laws and Regulations - The proposers attention is directed to the fact that all applicable state laws, county municipal ordinances, orders, rules and regulations of all authorities having jurisdiction over project shall apply to the proposal throughout, and they will be deemed to be included in the contract the same as though they are written out in full herein. Special attention shall be applied to ensure that the building and alll modifications to it are compliant with the current ADA codes. Review of Job Site — for technical information or to see the project site, contact Don Tumer, County Facility Maintenance Office, 850-689-5791; 8:00 a.m. - 4:00 p.m., Monday — Friday. Proposal Information - Questions concerning proposal requirements or specifications should be directed to Zan Fedorak at the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, at 850-689-5960. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all proposers. Verbal information obtained otherwise will not be considered in awarding of the proposal. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Services Manager to emphasize this condition to potential proposers, B. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the propesal and the resulting negotiated agreement that is in its best interest and its decision shall be final. ion The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept the proposal that in its judgment will best serve the interest of the County. D. The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that made it impossible to determine the true amount of the proposal. Disqualification of Proposers - Any of the following reasons may be considered as sufficient for the disqualification of a proposer and the rejection of his proposal or proposals: Page 6 10. 11. A. More than one proposal for the same work from an individual, firm or corporation under the same or different name. B. Evidence that the proposer has a financial interest in the firm of another proposer for the same work. Cc, Evidence of collusion among proposers, Participants in such collusion will receive no recognition as proposers for any future work of the County until such participant shall have been reinstated as a qualified proposer. D. Uncompleted work that in the judgment of the County might hinder or prevent the prompt completion of additional work if awarded. E. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of proposals. F Default under previous contract. G. The Board, in its aosolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to compiete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. Conditional and Incomplete Proposals - The Board of County Commissioners specifically reserves the right to reject any conditional proposal and will normally reject those that make it impossible to determine the true amount of the proposal. Investigation of Proposer - The owner may make such investigations as he deems necessary to determine the stability of the Proposer to perform the work and that there is no conflict of interest as it relates to the project. The proposer shall furnish to the owner any additional information and financial data for the purpose as the owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which proposer proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. Preparation of Proposals - Proposals must be submitted upon the prescribed forms provided herein. All blank spaces must be filled in as noted in ink or typed in both words and numbers with the amounts extended and totaled. No changes shall be made in phraseology of the form or in the items mentioned therein. In case of any discrepancy between the written amount and the figures, the written amounts shall govern. Any proposal may be rejected which contains any omissions, erasures, alterations, additions, iregularities of any kind, or items not called for or which shall in any manner fail to conform to the conditions of published notice inviting proposals. Indemnification & Hold Harmless - To the fullest extent permitted by law, Contractor shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this contract. Page 7 12. 13. 14, 15. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. Conflict of Interest - The award hereunder is subject to the provisions of Chapter 112, Horida Statutes. All respondenis must disclose with their proposal the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its’ agencies. Furthermore, all respondents must cisclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches, Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County if he is an officer or employee of the County, disclosing his or spouses or child's interest and the nature of the intended business. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. Identical Tie Proposal - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more proposals that are equal with respect to price, quality and service are received by the County for the procurement of commodities or contractual services, a proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process (see attached certification form). Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. Note: For proposer's convenience, this certification form is enclosed and is made a part of the proposal package. Public Entity Crime Information - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Discrimination - An entity or affiliate who has been placed on the discriminatory vendor list may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Page 8 16. 17, 18, 19. Proposal Opening Information - Proposal Opening shall be public, on the date and time specified on the proposal form. It is the proposer's responsibility to assure that his proposal is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day quaranteed delivery location" by delivery services. No Contact Clause - The Okaloosa County Board of County Commissioners have established a solicitation silence policy (No Contact Clause} that prohibits oral and written communication regarding all formal solicitations for goods and services (Formal Bids, Requests for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The Period commences when the procurement document is received and terminates when the Board of County Commissioners approves the award. Note: For proposer’s convenience, the certificate form is enclosed and is made part of the bid package. Payments — The contractor shall be paid upon submission of invoices, in duplicate, to the Okaloosa County Facility Maintenance Department, 5489 Old Bethel Rd, Crestview FL 32536; Attn: Don Turner. The invoices must confirm to the prices stipulated herein for articles delivered and accepted. Protection of Resident Workers — The Okaloosa County Board of County Commissioners actively supports the Immigration and Nationality Act {INA} which includes provisions addressing employment eligibility, employment verifications, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States ({i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verifications. Tne contractor shall establish appropriate procedures and conirols so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. Okaloosa County reserves the right to request decumentation showing compliance with the requirements. Contractors doing construction business with Okaloosa County are required to use the Federal Government Department of Homeland Security's website and use the E-Verify Employment Eligibility Verifications System to confirm eligibility of all employees to work in the United States. Page 7 INSURANCE REQUIREMENTS Contractor's Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required fo have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. All insurance shail include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company’s liability under this policy shall not be reduced by the existence of such other insurance. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COl) and endorsements for every applicable insurance contract required by this Agreement. The COl’s and policy endorsements must be delivered to the County Representative not less than ten (10} days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such Page 10 cancellation or amendment. Such notice shall be given directly to the County Representative. Workers’ Compensation Insurance 1. The CONTRACTOR shall secure and maintain during the fife of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all sub-contractual agreements which have been approved by the County of Okaloosa. ; Such insurance shall comply with the Florida Workers’ Compensation Law. Coverage shall include a waiver or subrogation clause in favor of Okaloosa County. Also, this endorsement must be indicated on all Certificates of Insurance. Business Automobile and Commercial General Liability Insurance A. The CONTRACTOR shall maintain Business Automobile Liability insurance coverage throughout the life of this Agreement. The insurance shall include Owned, Non- Owned & Hired motor vehicle coverage. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. In addition to the required coverage in B. above, Commercial General Liability coverage shail include the following: 1) On and Off Premises Operation Liability 2.) Personal Injury Liability insurance 3.) Independent Contractor Liability 4.) Completed Operations and Products Liability The CONTRACTOR shall agree to maintain in force Commercial General Liability Insurance including Completed Operations and Products Liability coverage for at least two {2) years following acceptance of the project by the COUNTY. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the LIMITS OF LIABILITY, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella Page 11 or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. Limits of Liability The insurance required shall be written for not less than the following limits unless law requires higher amounts: COVERAGE LIMIT A. Workers Compensation 1.) State Statutory 2.) Employers Liability $1 million each accident B. Business Automobile $1 million each occurrence (Combined Single Limit) (on Commercial General Insurance $1 million each occurrence (Combined Single Limit) D. Professional Liability $1 million each occurrence (Combined Single Limit) E. Personal and Advertising Injury $250,000 Owner & Contractor's Protective Liability In addition to the liability requirements above, the CONTRACTOR shall, at his expense, provide an Owner and CONTRACTOR's Protective Liability insurance policy issued in the name of the OWNER and ENGINEER. Coverage shall be provided under this policy for not less than the following amounts: A. Bodily Injury $1 million each occurrence B. Property Damage $1 million each occurrence Property Insurance CONTRACTOR shall purchase and maintain property insurance upon the Work at the site in the amount of the full replacement cost. Any deductible amount is the responsibility of the CONTRACTOR. © This insurance shall (1) include as an insured the OWNER, CONTRACTOR, ENGINEER and any others who have an insurable interest, (2) be written on a Builder's Risk special cause of loss policy form; (3) include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); (4) cover materials and equipment stored on the site or at another location that was agreed on in writing by the OWNER prior to being incorporated in the Work; (5) allow for partial utilization of the work by the OWNER; (6) include testing and startup; and, (7) be maintained in effect until final payment is made unless otherwise agreed to in writing by the OWNER, CONTRACTOR and ENGINEER with 30-day written notice to each other entity to whom a certificate of insurance has been issued. Page 12 Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR's knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification and Hold Harmless To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. Certificate of Insurance A. Certificates of insurance, in duplicate, indicating the job site and evidencing alll required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 B. All policies shall expressly require 30 days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. ion All certificates shall be subject to Okaloosa County's approval of adequacy of protection and the satisfactory character of the Insurer. D. The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). County requests that all deductibles or SIRs be no greater than $10,000, However, CONTRACTORS having insurance with higher deductibles may submit a proposal without penalty reflecting the pricing for their deductible provided that CONTRACTOR also submits a brief company financial statement. E. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. F In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All Page 13 costs for the coverage will be paid by CONTRACTOR upon presentation of a bill. General Terms Any type of insurance or increase of limits of liability not described above which the CONTRACTOR required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the CONTRACTOR of any responsibility under this contract. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this Agreement to each subcontractor and sub- subcontractor, The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. Umbrella Insurance The CONTRACTOR shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this Agreement. Page 14